Legal Question in Civil Litigation in California

My Legal rights

We bought a car from a private party. The car did not pass the smog check. The previous owner was supposed to get it fixed and resmogged. He had the car resmogged and it passed, the car was never fixed. The same problem as before happened again. I had the car retested, and it failed. Come to find out that where he had the car smogged, his wife was friends with mechanic's girlfriend. The same problems that enabled this car from passing were still there. The mechanis told the previous owner of these problems and he ignored them. The mechanic also told him that if we were unhappy with this car he should refund our money because this car has problems. Can I get my money back somehow? I need help, I need advise.


Asked on 2/10/00, 3:40 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: My Legal rights

i dont think you can get your money back but you could have a good small claims case for the money to repair the smog

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Answered on 2/10/00, 11:33 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Legal rights

You will probably have to sue the seller in small claims court. Ask the court for a refund of the purchase price, and the costs you have incurred. In preparing for the hearing get an estimate for repairing the car so that it will pass the smog test. Also get a statement from your mechanic as to the problem and what is required to fix the problem. Be sure to have a statement that this repair is necessary for the car to pass the smog test. This approach has been sucessful in small claims court.

Good Luck

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Answered on 2/11/00, 1:16 am


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